The pharmacy network "36.6" ran out of money for the supplier

The change in management and part of the shareholders did not lead to a change in the position of the pharmacy chain "36.6" in the conflict with one of the largest medicinal distributors, "Protek". The retailer does not want to give money on supply contracts, referring to the falsity of signatures in documents.

Last week, the Arbitration Court of the Moscow District handed over to a second trial the case between the drug distributor Protek and the pharmacy chain 36.6, which has lasted since January 2016. According to the files of the arbitration files, the plaintiff demands 133.5 million rubles from the pharmaceutical company. debt under the supply agreement for 2014. In June 2016, the Arbitration Court of Moscow decided in favor of Protek, but later "36.6" managed to challenge this decision in the appellate instance. In April 2017, a new judicial act was canceled by the cassation instance, sending the case for a new trial. For the second time, the Arbitration Court of the city of Moscow refused to "Protek" in meeting the claims, and the appeal supported this decision.

As follows from the materials of the court, in support of its requirements, "Protek" refers to the exchange with "36.6" of the commodity bill, indicating the delivery of a network of medicines. At the same time, the signature in the electronic document circulation was put by the provider, which the pharmacy network gave the appropriate powers - LLC "Company" Tenzor ". In turn, the lawyers of "36.6" dispute the authenticity of the signature of the head of the network, Vladimir Kintsurashvili, in the relevant agreement with "Tensor".

In parallel with October 2016, "Protek" is trying to recover from "36.6" debt of 38 million rubles. under another supply contract, and the positions of both parties are similar to the first dispute. In January 2018 this trial reached the Supreme Court, which confirmed the authenticity of the agreement between the structures "36.6" and "Tensor", which gives the last right to conduct electronic document circulation with "Protek". The court sent the case to a new hearing, according to which the Moscow Arbitration Court in May this year decided in favor of Protek. In July, the defendant again appealed to the court of appeal.

The general director of CV Protek, Dmitry Pogrebinsky, told Kommersant that now the structures of 36.6 and their affiliated companies jointly should distribute about 350 million rubles to the distributor. The pharmacy refused to comment. Earlier, the company insisted that they had fulfilled all obligations to Protek.

Managing Partner of Designing Management Systems Pavel Lisovsky notes that, despite the change of the 36.6 management, the network does not change its position, claiming that it did not receive the goods. Mr. Lisovsky also draws attention to the fact that the network used similar tactics of the dispute in the proceedings with the Rosta group, now bankrupt, denying receipt of medicines from it.

In March of this year, from the number of shareholders of PJSC "Pharmacy Chain 36.6" came out its general director Vladimir Kintsurashvili and chairman of the board of directors Ivan Saganelidze. The company was also left by top managers Sergey Bicherakhov and Arkady Zyatkovsky. In their posts were appointed Polina Kiseleva, who worked in X5 Retail Group and Oleg Kovalev, ex-president of Biotec Group. According to a Kommersant source in investment circles, they were nominated by the Moscow Credit Bank of Roman Avdeev, whom the pharmaceutical retailer owes about 30 billion rubles. But this week it became known that Ms. Kiselev was leaving the company.

Adviser to the law firm Bryan Cave Leighton Paisner (Russia) Evgeny Oreshin notes that Rosta has repeatedly stated in court disputes with its creditors that it did not sign any documents on which it is possible to establish its debts. "Such protection schemes defendants sometimes use in connection with economic problems to delay the moment of debt repayment," the expert explains.

"Rigla" is expanding in Siberia

The largest Russian pharmacy chain Rigla (part of Protek Group, Rigla brands, Be Healthy and Zhivika) buys Irkutsk pharmaceutical retailer Rusichi. The deal is planned to be closed in the third quarter of 2018, the general director of Rigly Alexander Filippov told Kommersant. According to SPARK-Interfax, the pharmacy chain Rusichi was founded in 2003 by Evgeny Chmelevsky, who is its sole owner and general director. Revenues of LLC "TPK" Rusichi "in 2016 amounted to 225.9 million rubles, net profit - 3.5 million rubles. According to Mr. Filippov, the network includes eight points, which after the transaction will be rebranded in "Be Healthy!". Now, under this brand, Rigla has ten own points.